Filing a Criminal Complaint: Rights, Obligations, and Process
Filing a Criminal Complaint: An Overview
The Complaint: The act or declaration of knowledge that is transmitted by a judicial body, the Prosecutor, or the police, informing them of a criminal offense. It has a dual nature: a duty for some and a right for others. Senior citizens with direct knowledge of a crime have a responsibility to report it. Specific professions, such as medical professionals, also have specific obligations.
This right is exercised by those directly offended by the crime, as well
Read MoreUnderstanding Criminal Complaints: Types, Requirements, and Process
Understanding Criminal Complaints
A complaint is an act or declaration of will, representing the exercise of criminal action by which the plaintiff assumes the role of prosecution in initiating a legal process. It’s an act of election that assists the victim. In Spanish law, any citizen can exercise popular action, and prosecutors can initiate criminal proceedings. It serves as both a statement of knowledge and a declaration of intent.
Types of Complaints
- Public: Any capable Spanish citizen who has
Essential Vocabulary for Legal and Employment Contexts
Set Off: Start a journey
Misdemeanor Trial Procedures: Understanding the Legal Process
Misdemeanor Trial Procedures
Jurisdiction and Initiation
The ordinary trial for misdemeanors established a short, simple procedure suitable for the minor nature of these offenses. In this procedure, the instruction phase is omitted, bringing the initiation and conclusion of the trial closer together. The common procedure is the alternative for the immediate trial of misdemeanors and should preferably attempt expedited processing.
The jurisdiction of the ordinary trial for misdemeanors corresponds,
Read MoreJuvenile Detention: Legal Rights and Procedures
Juvenile Detention: Rights and Procedures
When a minor is detained, the authorities and officials involved must act in a manner that is least harmful to the minor. They are required to inform the minor, in clear and understandable language, of the facts alleged against them and their rights, especially those listed in Article 520 of the Criminal Procedure Code (CPP).
Notification and Legal Representation
- Authorities must immediately notify the minor’s legal representatives and the prosecution of the
Understanding Criminal Law: Homicide, Manslaughter, Suicide
Read MoreCriminal Law: Article 121
Killing Someone
Penalty: Imprisonment for 6 to 20 years.
Privileged Murder (Reduced Sentence)
- Relevant moral or social value
- Overwhelming emotion immediately following an unjust provocation by the victim.
Cases that Increase the Penalty
Author is the one executing the offense. A co-author is present at the crime scene and is involved in some way.
Causal link: The action must result in death for the crime of murder to be consummated.
Crime: Involves costumes and is antijuridical.